Tennessee § 4-5-320 - Proceedings affecting licenses.

§ 4-5-320. Proceedings affecting licenses.

When the grant, denial, or renewal of a license is required to be preceded by notice and opportunity for hearing, the provisions of this chapter concerning contested cases apply. When a licensee has made timely and sufficient application for the renewal of a license or a new license with reference to any activity of a continuing nature, the existing license does not expire until the application has been finally determined by the agency, and, in case the application is denied or the terms of the new license limited, until the last day for seeking review of the agency order or a later date fixed by order of the reviewing court. No revocation, suspension, or withdrawal of any license is lawful unless, prior to the institution of agency proceedings, the agency gave notice by mail to the licensee of facts or conduct that warrant the intended action, and the licensee was given an opportunity to show compliance with all lawful requirements for the retention of the license. If the agency finds that public health, safety, or welfare imperatively requires emergency action, and incorporates a finding to that effect in its order, summary action, including suspension of a license or other licensure restriction or action as may be appropriate to protect the public, may be ordered pending proceedings for revocation or other action. These proceedings shall be promptly instituted and determined. Notwithstanding subsection (c), in issuing an order of summary action against a license the agency shall use one (1) of the following procedures: The agency shall issue a notice to the licensee providing an opportunity for a prompt informal hearing, review or conference before the agency prior to the issuance of an order of summary action; or The agency shall proceed with the summary action and notify the licensee of the opportunity for an informal hearing, review or conference before the agency within seven (7) business days of the issuance of the order of summary action. The notice provided to the licensee may be provided by any reasonable means and shall inform the licensee of the reasons for the action or intended action of the agency and of the opportunity for an informal hearing, review or conference before the agency. The informal hearing, review or conference described by this subsection (d) shall not be required to be held under the contested case provisions of this chapter. The hearing, review or conference is intended to provide an informal, reasonable opportunity for the licensee to present the licensee's version of the situation to the person or entity authorized by law to take the summary action against the license involved. Whether the informal hearing, review or conference is held before or after an order of summary action, the sole issue to be considered is whether the public health, safety or welfare imperatively required emergency action by the agency. Acts 1974, ch. 725, § 16; T.C.A., §§ 4-522, 4-5-116; Acts 1982, ch. 874, § 61; 1993, ch. 458, § 2; 2020, ch. 594, §§ 1-4. Amendments. The 2020 amendment substituted “summary action, including suspension of a license or other licensure restriction or action as may be appropriate to protect the public,” for “summary suspension of a license” in the second sentence of (c); in (d), substituted “summary action” for “summary suspension” throughout the subsection, substituted “summary action against” for “summary suspension of” in (d)(1), and substituted “take the summary action against” for “summarily suspend” in the third sentence of (d)(2). Effective Dates. Acts 2020, ch. 594, § 9. March 20, 2020. Law Reviews. Business License Revocation: Is This What Tennessee Needs? (Linda Rose and Rose Paxtor), 44 Tenn. B.J. 23 (2008). Symposium – Memphis in The Law: The Process of Determining What Process is Due: The Continuing Saga of Memphis Light, Gas & Water Division v. Craft, 436 U.S. 1 (1978) (Donna Harkness), 41 U. Mem. L. Rev. 745 (2011). Attorney General Opinions. Statute of limitations regarding physician discipline. OAG 11-43, 2011 Tenn. AG LEXIS 45 (5/11/11).